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divorce scenario question

By usna in Effects of Major Family Changes on Immigration Benefits

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usna Rookie

usna   0

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Filed: AOS (apr) Country: Japan
 Timeline
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i am now a conditional resident, holding the card thats valid for two years btw. me and my wife has been married for almost two years, and i am gonna be quolified to remove the condition next year in may aprox. so my question is what if we divorce during this time, for example if we divorce in dec of this year, can i still apply for removal of condition next year? at the time of the divorce, we have been married more than two years, would it matter? am i going to lose the permanent resident status?

7/1/2000 enter US on a 90 days stamp at airport

9/20/2000 apply changing nonimmigrant status to F-1

12/16/2000 recieved approval notice for F-1

12/19/2000 recieved new I-94 for F-1

7/?/2003 met my (future) wife

8/?/2003 started dating

4/1/2004 planning on getting married

4/?/2004 informed parents

7/22/2004 Wedding Day

8/13/2004 Send out all documents

8/27/2004 NOA for I-485

10/14/2004 Biometric taken

4/19/2005 AP filed

6/24/2005 AOS Interview notice

6/27/2005 AP Approved

8/16/2005 AOS Interview Successful (some copies needed)

CURRENTLY WAITING FOR OFFICIAL APPROVAL

8/26/2005 AOS Officially approved

9/01/2005 I-551 stamp in passport

9/10/2005 GC recieved

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usna Rookie

usna   0

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Filed: AOS (apr) Country: Japan
 Timeline
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Posted

hahaha, not planning anything, it's just a scenario question, we are not going to divorce.

7/1/2000 enter US on a 90 days stamp at airport

9/20/2000 apply changing nonimmigrant status to F-1

12/16/2000 recieved approval notice for F-1

12/19/2000 recieved new I-94 for F-1

7/?/2003 met my (future) wife

8/?/2003 started dating

4/1/2004 planning on getting married

4/?/2004 informed parents

7/22/2004 Wedding Day

8/13/2004 Send out all documents

8/27/2004 NOA for I-485

10/14/2004 Biometric taken

4/19/2005 AP filed

6/24/2005 AOS Interview notice

6/27/2005 AP Approved

8/16/2005 AOS Interview Successful (some copies needed)

CURRENTLY WAITING FOR OFFICIAL APPROVAL

8/26/2005 AOS Officially approved

9/01/2005 I-551 stamp in passport

9/10/2005 GC recieved

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Mand Proficient

Mand   1

Posted
Filed: Citizen (pnd) Country: Ireland
 Timeline
Posted

If you've a good and happy marriage why worry? :P

03.04.2009......Posted I-130 to U.S. Embassy

03.04.2009......Ordered Police Certificate for Visa Purposes from Local Garda Office (ordered over the phone)

03.05.2009......I-130 received at Embassy

03.06.2009......Received Police Cert

03.18.2009......I-130 Approved

09.10.2009......Medical Exam

09.23.2009......Embassy receives Notice of Readiness

10.13.2009......Received our interview date

10.29.2009......Successful interview!

11.5.2009........Visa received in post

11.7.2009........All the family flew to the US together :)

12.20.2009......Received Welcome to America letter

12.24.2009......10 year Greencard received in the mail

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usna Rookie

usna   0

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Filed: AOS (apr) Country: Japan
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If you've a good and happy marriage why worry? :P

we are in japan now, planning on going back to the states next month. it is true that things are not going well, but certainly not to the point where divorce is the only solution. i just need some answers on this type of situation.

7/1/2000 enter US on a 90 days stamp at airport

9/20/2000 apply changing nonimmigrant status to F-1

12/16/2000 recieved approval notice for F-1

12/19/2000 recieved new I-94 for F-1

7/?/2003 met my (future) wife

8/?/2003 started dating

4/1/2004 planning on getting married

4/?/2004 informed parents

7/22/2004 Wedding Day

8/13/2004 Send out all documents

8/27/2004 NOA for I-485

10/14/2004 Biometric taken

4/19/2005 AP filed

6/24/2005 AOS Interview notice

6/27/2005 AP Approved

8/16/2005 AOS Interview Successful (some copies needed)

CURRENTLY WAITING FOR OFFICIAL APPROVAL

8/26/2005 AOS Officially approved

9/01/2005 I-551 stamp in passport

9/10/2005 GC recieved

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Mand Proficient

Mand   1

Posted
Filed: Citizen (pnd) Country: Ireland
 Timeline
Posted

I know there are threads on this subject in the Lifting/Removing Conditions forum, if you want to browse around there, you'll probably find an informed answer. Sorry things are not rosy at the minute.

03.04.2009......Posted I-130 to U.S. Embassy

03.04.2009......Ordered Police Certificate for Visa Purposes from Local Garda Office (ordered over the phone)

03.05.2009......I-130 received at Embassy

03.06.2009......Received Police Cert

03.18.2009......I-130 Approved

09.10.2009......Medical Exam

09.23.2009......Embassy receives Notice of Readiness

10.13.2009......Received our interview date

10.29.2009......Successful interview!

11.5.2009........Visa received in post

11.7.2009........All the family flew to the US together :)

12.20.2009......Received Welcome to America letter

12.24.2009......10 year Greencard received in the mail

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munchkins Proficient

munchkins   0

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Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted
hahaha, not planning anything, it's just a scenario question, we are not going to divorce.

Then why ask :whistle:

[The reason god put spaces in between your fingers was so another person's hands could fill it up.

CHERISH YESTERDAY, LIVE TODAY AND DREAM TOMORROW

Life is like a song... Sing it.

Life is like a challenge... Pursue it.

Life is like a sacrifice... Offer it.

Life is love... Enjoy it.

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usna Rookie

usna   0

Posted
Filed: AOS (apr) Country: Japan
 Timeline
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Posted

hahaha, not planning anything, it's just a scenario question, we are not going to divorce.

Then why ask :whistle:

i did explain that fully if you can please read the fifth reply. thanks for your help in advance

7/1/2000 enter US on a 90 days stamp at airport

9/20/2000 apply changing nonimmigrant status to F-1

12/16/2000 recieved approval notice for F-1

12/19/2000 recieved new I-94 for F-1

7/?/2003 met my (future) wife

8/?/2003 started dating

4/1/2004 planning on getting married

4/?/2004 informed parents

7/22/2004 Wedding Day

8/13/2004 Send out all documents

8/27/2004 NOA for I-485

10/14/2004 Biometric taken

4/19/2005 AP filed

6/24/2005 AOS Interview notice

6/27/2005 AP Approved

8/16/2005 AOS Interview Successful (some copies needed)

CURRENTLY WAITING FOR OFFICIAL APPROVAL

8/26/2005 AOS Officially approved

9/01/2005 I-551 stamp in passport

9/10/2005 GC recieved

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munchkins Proficient

munchkins   0

Posted
Filed: IR-1/CR-1 Visa Country: United Kingdom
 Timeline
Posted

hahaha, not planning anything, it's just a scenario question, we are not going to divorce.

Then why ask :whistle:

i did explain that fully if you can please read the fifth reply. thanks for your help in advance

Apologies, must have missed that one :blush:

[The reason god put spaces in between your fingers was so another person's hands could fill it up.

CHERISH YESTERDAY, LIVE TODAY AND DREAM TOMORROW

Life is like a song... Sing it.

Life is like a challenge... Pursue it.

Life is like a sacrifice... Offer it.

Life is love... Enjoy it.

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motu Proficient

motu   6

Posted
Filed: Citizen (apr) Country: Colombia
 Timeline
Posted

I have read this many times before and you are OK as long as the marriage was entered into with good intentions. I am not sure what all is required for the removal of conditions (I am not there yet and have not done the research yet.) Search in the other forum and you will find several threads ( look for divorce or separating etc.)

2005

K1

March 2 Filed I-129 F

July 21 Interview in Bogota ** Approved ** Very Easy!

AOS

Oct 19 Mailed AOS Packet to Chicago

2006

Feb 17 AOS interview in Denver. Biometrics also done today! (Interviewing officer ordered them.)

Apr 25 Green card received

2008

Removal of conditions

March 17 Refiled using new I-751 form

April 16 Biometrics done

July 10 Green card production ordered

2009

Citizenship

Jan 20 filed N400

Feb 04 NOA date

Feb 24 Biometrics

May 5 Interview - Centennial (Denver, Colorado) Passed

June 10 Oath Ceremony - Teikyo Loretto Heights, Denver, Colorado

July 7 Received Passport in 3 weeks

Shredded all immigration papers Have scanned images

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Mikalie Newbie

Mikalie   0

Posted
Filed: Timeline
Posted
Hmmm....to even entertain a scenario does open the door for speculation y'know.... :blink:

I totally agree!

To the OP--instead of asking about divorce implications, why not ask about getting some marriage counseling to try to work on your problems? From personal experience, I know that at around the two year mark, lots of people start thinking it is all over because that is when the "infatuation" phase usually has run its course. All it means is that the time has come to really work on the real love stage of the marriage. Unfortunately this is when too many people give up.

You might also want to do some reading on the stages of marriage. Sounds like you are now between stages. It would be sad for you not to seek some help. Best wishes in working things out. Divorce is a very bad experience to go through.

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hcj Collaborator

hcj   0

Posted
Filed: Country: Sweden
 Timeline
Posted

When it's time for you to remove conditions, if you are divorced, you may file a waiver for the joint filing requirement. If you are married, you would need to file jointly to remove the conditions. If you are in the middle of a divorce and it's not finalized, you can do neither.

If you get divorced, you should file immediately to remove your conditions (along with a waiver for the joint filing requirement of course). You are not supposed to wait until your CGC expires.

See http://uscis.gov/graphics/howdoi/remcond.htm

"When all else fails, read the instructions."

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Jasman0717 Grand Master

Jasman0717   9

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
If you've a good and happy marriage why worry? :P

ditto

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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usna Rookie

usna   0

Posted
Filed: AOS (apr) Country: Japan
 Timeline
  • Author
Posted (edited)

Hmmm....to even entertain a scenario does open the door for speculation y'know.... :blink:

I totally agree!

To the OP--instead of asking about divorce implications, why not ask about getting some marriage counseling to try to work on your problems? From personal experience, I know that at around the two year mark, lots of people start thinking it is all over because that is when the "infatuation" phase usually has run its course. All it means is that the time has come to really work on the real love stage of the marriage. Unfortunately this is when too many people give up.

You might also want to do some reading on the stages of marriage. Sounds like you are now between stages. It would be sad for you not to seek some help. Best wishes in working things out. Divorce is a very bad experience to go through.

i understand what you are saying, but counseling is not the cure for every one. especially if you have an career oriented disagreement. all i can say is we will see how it goes from now, but at least we are ok now. honestly, if we really have to file divorce, immigration's opinion does not matter much to me any more. the only way to stay with her was to file the papers, and that's what i did, if our marriage doesnt work out, my stay is no longer needed.

Edited by usna

7/1/2000 enter US on a 90 days stamp at airport

9/20/2000 apply changing nonimmigrant status to F-1

12/16/2000 recieved approval notice for F-1

12/19/2000 recieved new I-94 for F-1

7/?/2003 met my (future) wife

8/?/2003 started dating

4/1/2004 planning on getting married

4/?/2004 informed parents

7/22/2004 Wedding Day

8/13/2004 Send out all documents

8/27/2004 NOA for I-485

10/14/2004 Biometric taken

4/19/2005 AP filed

6/24/2005 AOS Interview notice

6/27/2005 AP Approved

8/16/2005 AOS Interview Successful (some copies needed)

CURRENTLY WAITING FOR OFFICIAL APPROVAL

8/26/2005 AOS Officially approved

9/01/2005 I-551 stamp in passport

9/10/2005 GC recieved

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